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Home My WebLink About2011-043 Classification Change for Property, 3803 & 3805 Tieton DriveIIIII i ii iii m lull pii iii muiiIII ggg pg gi FILE# 7742177 YAKIMA COUNTY, WA 10/17/2011 03:18:25PM ORDINANCE PAGES: 7 CITY OF YAKIMA PLANNING Recording Fee: 68.00 October 17, 2011 Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Ordinance No. 2011 -43. (CPA #005 -11) 2011 Amendments to the Yakima Urban Area Comprehensive Plan map and zoning Grantor: City of Yakima Grantee: The Public ABBREVIATED DESCRIPTION: Ordinance changing classification and zoning of property at 3803 and 3805 Tieton Drive (David Trujillo) PARCEL NUMBERS: 181322 -43023 and 43025 LEGAL DESCRIPTION: THE SOUTH 75 FEET OF THE NORTH 465 FEET OFTHE WEST 1 ACRE OF THE EAST 4 ACRES OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, (ADDITIONAL LEGAL DESCRIPTION ON PAGE 7) ORDINANCE NO. 2011 -43 AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use Map of the City of Yakima and zoning as follows: changing the classification of property located at 3803 & 3805 Tieton Drive, Assessor's tax parcel numbers 181322- 43023, 43025 from Low - Density Residential to Neighborhood Commercial. and zoning to B -1, Professional Office. WHEREAS, the Washington State Growth Management Act (GMA) requires counties and cities to prepare long -range comprehensive plans pursuant to Ch. 36.70A RCW and related laws and regulations; and WHEREAS, RCW 36.70A.130 provides for continuing review and evaluation of comprehensive plans and development regulations at least every five years and for the revision or amendments to such plans not more than once a year but at least once every five years, with certain exceptions; and WHEREAS, RCW 36.70A.470 requires that counties and cities planning under RCW 36.70A.040 include in their development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest comprehensive plan or development regulation amendments; and WHEREAS, RCW Ch. 36.70A further requires that the suggested amendments be docketed and considered not more often than once a year, consistent with the provisions of RCW 36.70A.130; and WHEREAS, on March 18, 2003, the City Council enacted Ch. 16.10 YMC to provide procedures and criteria for amending and updating the Yakima Urban Area Comprehensive Plan; and WHEREAS, David Trujillo, has submitted an application requesting that the classification of the property legally described in Exhibit "B" and located at 3803 & 3805 Tieton Drive (parcel nos. 181322 - 43023, 181322 - 43025) be changed from Low - Density Residential to Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #005 -11"); and zoning changed to B- 1, Professional Business; and WHEREAS, pursuant to YMC 16.10.030, the SEPA Administrative Official issued a Determination of Nonsignificance for this Future Land Use Map Amendment and Rezone in accordance with WAC 197 -11 -355, as required under the State Environmental Policy Act; and WHEREAS, in accordance with YMC Chapter 16.10, the Yakima Planning Commission held appropriate meetings and hearing to review and consider the requested comprehensive plan amendment; and WHEREAS, pursuant to YMC 16.10.080 and the approval criteria set forth in YMC 16.10.040, the Yakima Planning Commission made a recommendation to a meeting of the City Council that this requested comprehensive plan amendment described above be approved; and Page 1 of 3 WHEREAS, in accordance with YMC Chapter 15.23, the Yakima Planning Commission held appropriate an hearing to review and consider this requested zoning amendment; and WHEREAS, the City Council finds that the findings of the Yakima Planning Commission set forth in, the recommendations in response to the requirements of Yakima Municipal Code ( "YMC') § 15.23.030(E)(F) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, pursuant to YMC 16.10.090, on October 4, 2011, a public hearing regarding the requested comprehensive plan amendment described above was held before a meeting of the 'City Council; and WHEREAS, it is in the best interests of the City to enact the following to approve the requested comprehensive plan and zoning amendments described above, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Subject to the specific terms of this ordinance, the Yakima City Council adopts the August 24, 2011, findings, conclusions and recommendation of the Yakima Planning Commission for CPA #005 -11. A copy of said recommendation is attached as Exhibit "A" and is incorporated herein by this reference. Section 2. The official Future Land Use Map of the Yakima Urban Area Comprehensive Plan shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance. Section 3. Thee official Yakima Urban Area Zoning Ordinance shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance Section 4. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Section 5. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CIY COUNCIL at a regular meeting and signed and approved this 4th day of October, 2011.. ATTEST: A Publication Date: October 7, 2011 Effective Date: November 6, 2011 ��V C" Micah Cawley Mayor JP�UMA �I S HINGE Page 2 of 3 EXHIBIT "A" YAKIMA, PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR CPA #005 -11 AND RZ #006 -11 August 24, 2011 WHEREAS The City of Yakima adopted the Yakima Urban Area Comprehensive Plan in December 2006 and the Yakima Urban Area Zoning Ordinance in April 2011; and WHEREAS The Washington Growth Management Act and local ordinances provide a process for the annual review of 'amendments to the Plan as requested by citizens, property owners and /or local government; and WHEREAS For the 2011 Comprehensive Plan Amendment review process, the Department of Community & Economic Development received CPA #005 -11 requesting an amendment to the Comprehensive Plan's Future Land Use Map and RZ #006 -11 for a concurrent rezone; and WHEREAS Under the provisions of YMC 1.42 the Yakima Planning Commission is authorized to review these applications and to recommend the approval, modification or denial of each request; and WHEREAS The Yakima Planning Commission held study sessions to review this application on April 13, 2011 and June 22, 2011 and the open record public hearing was held on August 24, 2011; and WHEREAS All required public notice of this application was provided in accordance with the provisions of YMC 15.11.090, YMC 16.05.010 — 050 and YMC 16.10.070; and 2011 Yakima Planning Commission Comprehensive Plan Amendment and Rezone Recommendations WHEREAS The recommendation for this Future Land Use Map amendment is based upon the criteria specified in YMC 16.10.040; and WHEREAS The recommendation for the concurrent rezone is based upon the criteria specified in YMC Subsection 15.23.030(E); and WHEREAS The Yakima Planning Commission concluded its consideration of this application on August 24, 2011. APPLICANT: David Trujillo LOCATION: 3803 and 3805 Tieton Drive Yakima, WA PARCEL NOS: 181322- 43023, 181322 -43025 Based upon a view of the site, the information contained in the staff report, exhibits, testimony and other, evidence presented at an open record public hearing held on August 24, 2011; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the following: FINDINGS The applicant requests a change in the Future Land Use Map from Low Density Residential to Neighborhood Commercial and a concurrent zoning change from R -1, Single - Family Residential to B -1, Professional Office. The subject property 6 is situated in an area experiencing significant transition from residential to commercial uses. The intent of this application is to change the underlying Comprehensive Plan's land use designation from Low Density Residential to Neighborhood Commercial and the zoning, from R -1, Sirigle - Family Residential to B -1, Professional Office. This application consists of two separate parcels. One parcel has an existing residence engaged in a home occupation law office. Due to the limited size of the existing structure the property owner wishes to establish a larger structure for law office use. The owner has also acquired an "L "- shaped parcel that adjoins the residence on the north and east. However, the individual size of each parcel would not support a professional office building without some difficulty. The combination of these two parcels will provide adequate land area to construct a professional office building. An approved Comprehensive Plan Future Land Use Map change and concurrent rezone from residential to business land use will greatly assist expansion of the existing business at this location. All required public utilities (sewer, water, irrigation, street lighting and fire hydrants) are presently available to serve the property. 2011 Yakima Planning Commission 2 Comprehensive Plan Amendment — and Rezone Recommendations Public facilities provided include Yakima School District, K -12 public schools, City of Yakima police, fire protection and public transit. The requested change in land use designation from Low Density Residential to Neighborhood Commercial is consistent with the Yakima Urban Area Comprehensive Plan. This proposal is consistent with RCW 36.70A.100. This application was submitted as part of the annual amendment process for the Yakima Urban Area Comprehensive Plan. This proposal is consistent with the Growth Management Act and the Yakima County- wide Planning Policy. A Determination of Nonsignificance (DNS) was issued by the City of Yakima on June 16, 2011 for this non-project related application, after a 20 -day comment period a notice of determination retention was issued on July 8, 2011. The appeal period expired on July 28, 2011, without any appeals. The total size of the subject property is approximately .69 acres which means that the cumulative impact(s)''of this proposal should be minimal. YAKIMA PLANNING COMMISSION'S CONCLUSIONS 1. The amendment is minor in nature. 2. No written comments or testimony was received in opposition to the proposed action. 3. No adverse impacts have been identified by the approval of this amendment request. 4. The requested comprehensive plan map amendment would more appropriately support the existing commercial land use. 5. The property and business are currently served by all necessary public utilities. Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Yakirna Planning Commission recommend APPROVAL of the amendment request from Low Density Residential to Neighborhood Commercial and a concurrent r one from R -1, Single- family residential to B -1, Professional Office. The motion rri by a 4(0 vote. 1'4/11 � Shoval, Chairm Date a`kima Planning sion 2011 Yakima Planning Commission Comprehensive Plan Amendment and Rezone Recommendations EXHIBIT "B" LEGAL DESCRIPTION THE SOUTH 75 FEET OF THE NORTH 465 FEET OFTHE WEST 1 ACRE OF THE EAST 4 ACRES OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 13 NORTH, RANGE 18, EAST W.M, ALSO THE WEST 1 ACRE OF THE EAST 3 ACRES OF SAID SUBDIVISION, EXCEPT THE NORTH 390 FEET AND EXCEPT THE TIETON DRIVE RIGHT -OF -WAY ON THE SOUTH. AND THE WEST 1 ACRE OF THE EAST 4 ACRES OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 13 NORTH, RANGE 18, EAST W.M EXCEPT THE NORTH 465 FEET. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 0 For Meeting Of October 4. 2010 ITEM TITLE: Closed Record Public Hearing on the 2011 Comprehensive Plan Map, Text and Zoning Amendment Applications. SUBMITTED BY: Joan Davenport, Acting Director of Community and Economic Development- CONTACT PERSON/TELEPHONE: Bruce Benson, Acting Planning Manager, 575 -6042 SUMMARY EXPLANATION: For 2011 there were seven Comprehensive Plan Map Amendment requests and one text amendment to the utilities chapter of the Comprehensive Plan. These applications are as follows: • CPA #001 -11 submitted by Gerald Irwin and Jerry Maggard for property in the Vicinity of S24 th and Washington Avenues a Future Land Use Map change from Industrial to General Commercial and zoning changed to GC, General Commercial. (cont.) Resolution Ordinance X Other Contract Mail-to (name and address): hone: Funding Source, APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Accept the recommendations of the Planning Commission and adopt the accompanying ordinances. BOARD /COMMISSION RECOMMENDATION: The Yakima Planning Commission recommended their approval of the eight 2011 Comprehensive Plan and zoning amendment applications on August 24, 2011. • COUNCIL ACTION: CPA #002 -11 submitted by Howard Maggard for property located at 8 E Washington Avenue a Future Land Use Map change from Industrial to General Commercial and zoning changed to General Commercial. _ CPA_# 003 _11_submitted_by__the_.City_of_ Yakima 's_O.ffice_of...Neighbor_hood - and- Community Development Services for property located in the vicinity of North 3rd and 4th Streets from 'R' and 'S' Streets to 1 -82 a Future Land Use Map change from Industrial to Low Density Residential and zoning changed to R -1, Single- family Residential. CPA #004 -10 submitted by Hidden Waters / Chiawana for property located at 3107 River Road a Future Land Use Map change from Professional Office to Industrial and zoning changed to Industrial. CPA #005 -11 submitted by David Trujillo for property located at 3803 & 3805 Tieton Drive a Future Land Use Map change from Low - Density Residential to Neighborhood Commercial and zoning, changed to B -1, Professional Business; and CPA #006 -11 submitted by Douglas Bernd for property located at 660 North 18th Ave a Future Land Use Map change from Medium Density Residential to Industrial and zoning changed to M -1, Light Industrial. CPA #007 -11 submitted byAmerican Investment Group LLC for property located at 708 & 710 North 5th Avenue a Future Land Use Map change from High Density Residential to Neighborhood Commercial and zoning changed to B -2, Local Business CPA #008 -11 submitted by the City of Yakima's Wastewater Division for a text amendment to the utilities chapter of the Yakima Urban Area Comprehensive Plan. The procedures set forth within state law and local ordinance concerning the annual review of Comprehensive Plan and rezone applications have been completed. You have received the written recommendations of the Planning Commission which you are now requested to review in the context of this closed record public hearing. Should your concerns have been adequately addressed separate ordinances effecting these amendments are herein provided for your consideration and adoption. I •